Legal Opinion

Hillborn v. United States

United States Court of Claims

Decided November 14, 1892No. 16666PublishedCited by 6 opinions

The Reporters’ statement of the case: The following are the facts of this case as found by the court: I. The claimant was a United States attorney in the State of California from February 1, 1883, to November 30,1886. II. (1) More than six years before filing the preliminary petition seventeen indictments for crimes' were tried by him before juries and convictions had.

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The Reporters’ statement of the case: The following are the facts of this case as found by the court: I. The claimant was a United States attorney in the State of California from February 1, 1883, to November 30,1886. II. (1) More than six years before filing the preliminary petition seventeen indictments for crimes' were tried by him before juries and convictions had. In addition to the attorney’s fees, otherwise provided for, there was allowed to him by the court prior to September 30, 1883, under Rev. Stat., sec. 824, a counsel fee, in proportion to the importance and difficulty of the…

1Opinion of the Court

BichardsoN, Oh. J.,

delivered the opinion of the court:

Several questions of law arise in this case and we shall consider them in the numerical order of the findings.

The claims in the second and third findings are for counsel fees of $30 in each case, allowed by the judge before whom the cases were tried, under Bevised Statutes, section 824, and which were reduced by the Attorney-General and the accounting officers. The claimant denies the right of those officers to make the reduction, and sues for the amount deducted.

This raises the question decided in favor of the claimant in Waters’s Case…

2Cases cited9 opinions

  1. McElrath v. United StatesSupreme Court of the United States · 1880
  2. United States v. EllsworthSupreme Court of the United States · 1880
  3. McElrath v. United StatesUnited States Court of Claims · 1876
  4. United States v. WatersSupreme Court of the United States · 1890
  5. Hartson v. United StatesUnited States Court of Claims · 1886

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3Cited by6 opinions

  1. Yoes v. United StatesUnited States Court of Claims · 1895
  2. Trice v. United StatesCourt of Appeals for the Federal Circuit · 2001
  3. Hillborn v. United StatesUnited States Court of Claims · 1893
  4. Patterson v. United StatesUnited States Court of Claims · 1893
  5. Waters v. United StatesUnited States Court of Claims · 1896

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